Sec. 6702. SPECTRUM RELOCATION FUND
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## SEC. 6702 SPECTRUM RELOCATION FUND Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended— ####
(1)by striking “relocation costs” each place it appears and inserting “relocation or sharing costs”; ####
(2)by amending subsection
(c)to read as follows: > > ### “(c) Use of Funds > > The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation or sharing costs of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those frequencies.” > ; ####
(3)in subsection (d)— #####
(A)in paragraph (2)— ######
(i)in subparagraph (A), by inserting “or sharing” before the semicolon; ######
(ii)in subparagraph (B), by inserting “or sharing” before the period at the end; ######
(iii)by redesignating subparagraphs
(A)and
(B)as subparagraphs
(B)and (C), respectively; and ######
(iv)by inserting before subparagraph (B), as so redesignated, the following: > > ##### “(A) > > unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph
(1)of section 113(h), the Technical Panel has found such plan sufficient under paragraph
(4)of such section, and the NTIA has made available such plan on its website as required by paragraph
(5)of such section;” > ; #####
(B)by striking paragraph (3); and #####
(C)by adding at the end the following: > > #### “(3) Transfers for pre-auction costs > > > ##### “(A) In general > > Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, at any time (including prior to a scheduled auction), such sums as may be available in the Fund to pay relocation or sharing costs related to pre-auction estimates or research, as such costs are described in section 113(g)(3)(A)(iii). > > > ##### “(B) Notification > > No funds may be transferred pursuant to subparagraph
(A)unless— > > > ###### “(i) > > the notification provided under paragraph (2)(C) includes a certification from the Director of OMB that— > > > ###### “(I) > > funds transferred before an auction will likely allow for timely implementation of relocation or sharing, thereby increasing net expected auction proceeds by an amount not less than the time value of the amount of funds transferred; and > > > ###### “(II) > > the auction is intended to occur not later than 5 years after transfer of funds; and > > > ###### “(ii) > > the transition plan submitted by the eligible Federal entity under section 113(h)(1) provides— > > > ###### “(I) > > to the fullest extent possible, for sharing and coordination of eligible frequencies with non-Federal users, including reasonable accommodation by the eligible Federal entity for the use of eligible frequencies by non-Federal users during the period that the entity is relocating its spectrum uses (in this clause referred to as the ‘transition period’); > > > ###### “(II) > > for non-Federal users to be able to use eligible frequencies during the transition period in geographic areas where the eligible Federal entity does not use such frequencies; > > > ###### “(III) > > that the eligible Federal entity will, during the transition period, make itself available for negotiation and discussion with non-Federal users not later than 30 days after a written request therefor; and > > > ###### “(IV) > > that the eligible Federal entity will, during the transition period, make available to a non-Federal user with appropriate security clearances any classified information (as defined in section 798(b) of title 18, United States Code) regarding the relocation process, on a need-to-know basis, to assist the non-Federal user in the relocation process with such eligible Federal entity or other eligible Federal entities. > > > ##### “(C) Applicability to certain costs > > > ###### “(i) In general > > The Director of OMB may transfer under subparagraph
(A)not more than $10,000,000 for costs incurred after June 28, 2010, but before the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012. > > > ###### “(ii) Supplement not supplant > > Any amounts transferred by the Director of OMB pursuant to clause
(i)shall be in addition to any amounts that the Director of OMB may transfer for costs incurred on or after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012. > > > #### “(4) Reversion of unused funds > > Any amounts in the Fund that are remaining after the payment of the relocation or sharing costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury, for the sole purpose of deficit reduction, not later than 8 years after the date of the deposit of such proceeds to the Fund, unless within 60 days in advance of the reversion of such funds, the Director of OMB, in consultation with the NTIA, notifies the congressional committees described in paragraph (2)(C) that such funds are needed to complete or to implement current or future relocation or sharing arrangements.” > ; ####
(4)in subsection (e)— #####
(A)in paragraph (1)(B)— ######
(i)in clause (i), by striking “subsection (d)(2)(A)” and inserting “subsection (d)(2)(B)”; and ######
(ii)in clause (ii), by striking “subsection (d)(2)(B)” and inserting “subsection (d)(2)(C)”; and #####
(B)in paragraph (2)— ######
(i)by striking “entity’s relocation” and inserting “relocation of the entity or implementation of the sharing arrangement by the entity”; ######
(ii)by inserting “or the implementation of such arrangement” after “such relocation”; and ######
(iii)by striking “subsection (d)(2)(A)” and inserting “subsection (d)(2)(B)”; and ####
(5)by adding at the end the following: > > ### “(f) Additional Payments From Fund > > > #### “(1) Amounts available > > Notwithstanding subsections
(c)through (e), after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012, there are appropriated from the Fund and available to the Director of OMB for use in accordance with paragraph
(2)not more than 10 percent of the amounts deposited in the Fund from auctions occurring after such date of enactment of licenses for the use of spectrum vacated by eligible Federal entities. > > > #### “(2) Use of amounts > > > ##### “(A) In general > > The Director of OMB, in consultation with the NTIA, may use amounts made available under paragraph
(1)to make payments to eligible Federal entities that are implementing a transition plan submitted under section 113(h)(1) in order to encourage such entities to complete the implementation more quickly, thereby encouraging timely access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use. > > > ##### “(B) Conditions > > In the case of any payment by the Director of OMB under subparagraph (A)— > > > ###### “(i) > > such payment shall be based on the market value of the eligible frequencies, the timeliness with which the eligible Federal entity clears its use of such frequencies, and the need for such frequencies in order for the entity to conduct its essential missions; > > > ###### “(ii) > > the eligible Federal entity shall use such payment for the purposes specified in clauses
(i)through
(v)of section 113(g)(3)(A) to achieve comparable capability of systems affected by the reallocation of eligible frequencies from Federal use to exclusive non-Federal use or to shared use; > > > ###### “(iii) > > such payment may not be made if the amount remaining in the Fund after such payment will be less than 10 percent of the winning bids in the auction of the spectrum with respect to which the Federal entity is incurring relocation or sharing costs; and > > > ###### “(iv) > > such payment may not be made until 30 days after the Director of OMB has notified the congressional committees described in subsection (d)(2)(C). > > > ### “(g) Restriction on Use of Funds > > No amounts in the Fund on the day before the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 may be used for any purpose except— > > > #### “(1) > > to pay the relocation or sharing costs incurred by eligible Federal entities in order to relocate from the frequencies the auction of which generated such amounts; or > > > #### “(2) > > to pay relocation or sharing costs related to pre-auction estimates or research, in accordance with subsection (d)(3).” > .
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Sec. 6702
SPECTRUM RELOCATION FUND
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